Please read this Agreement carefully before accessing or using the Website. By checking the 'I agree' checkbox and pressing the 'Complete Registration' button below, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CGriver, acceptance is expressly limited to these terms.
1. Your CGriver Account. By purchasing products on CGriver, you acknowledge and understand that we may collect your personal information solely for the purpose of sales record on our system. CGriver may suspend or remove your account if we consider your behavior is inappropriate or unlawful as a member, or otherwise likely to cause CGriver liability. You must immediately notify CGriver of any unauthorized uses of your account or any other breaches of security. CGriver will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Members. You are entirely responsible for complying with the rules, regulations, and EULA (End User License Agreement) of the products you are purchasing on CGriver.com.
3. Agreement between Seller and Buyer. This agreement applies to any product on CGriver whether purchased or offered for free. You MUST comply with this agreement before or at the point of sale.
4. END USER LICENSE AGREEMENT - EULA
This agreement applies to any stock 3D model or media product on CGriver.com and you MUST comply with this agreement whether it has been purchased or offered for FREE.
A. Permitted Uses.
The seller grants a buyer a world-wide, royalty-free, non-transferable, and non-exclusive license to:
i. Use still or animated renderings for buyer's personal or commercial project when not intended to re-distribute or resell the file.
ii. Modify or alter the product(s) as necessary for buyer's personal use/projects, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to the copyright owner. You may use such derivative work only as permitted in accordance with these terms and conditions. All copyrights with respect to such derivative work are assigned to its owner(s), in which the parties hereby agree is valid under the US (and other International) Copyright Law.
B. Prohibited Uses.
You may not:
i. Transfer the rights of the product(s) and accompanying materials (if applicable)
ii. USE THE PRODUCT(S) IN ANY WAY THAT COULD BE CONSIDERED DEFAMATORY, PORNOGRAPHIC, OBSCENE, IMMORAL, OR FRAUDULENT.
iii. Distribute the product(s) in any form in which the 3D model and accompanying materials/files are accessible or downloadable by any application or software.
iV. Re-sell, distribute or sub-license the product(s), accompanying material, (if applicable), or the rights to use the product(s) to anyone for any purpose, except as specifically provided for elsewhere in this Agreement.
Other terms may be found at each product's description page. In the event of any contradiction in terms between the individual item's EULA and the one stated here, you should follow the EULA of the individual product that you are purchasing.
5. Responsibility of CGriver Users and Visitors. CGriver is only a reseller channel. The products on CGriver.com including but not limited to computer software, 3D models, textures, and training materials do not belong to CGriver's ownership and CGriver cannot therefore be responsible for those materials' content, use, or effects. By operating the Website, CGriver does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CGriver disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Copyright Infringement and DMCA Policy. As CGriver asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CGriver.com violates your copyright, you are encouraged to notify CGriver in accordance with CGriver’s Digital Millennium Copyright Act (“DMCA”) Policy. CGriver will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CGriver will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CGriver or others. In the case of such termination, CGriver will have no obligation to provide a refund of any amounts previously paid to CGriver.
7. Refund/Return Policy. If you receive a damaged or corrupted file and we cannot provide support or solution for it, you will receive a store credit from us as a refund. Please contact us within 10 days of purchase. All sales are final for digital downloads/products but we will exchange the item if the item has any errors. Our products are supplied by many different vendors, it is your responsibility to read and comply with the each product's End User License Agreement.
8. Intellectual Property. This Agreement does not transfer from CGriver to you any CGriver or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CGriver. CG River, CGriver.com, the CGriver.com logo, and all other trademarks, service marks, graphics and logos used in connection with CGriver.com, or the Website are trademarks or registered trademarks of CGriver or CGriver’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CGriver or third-party trademarks.
9. Agreement between Vendors and CGriver. CGriver is only a reseller and is NOT the owner of any products on the website, and therefore cannot be responsible for the intellectual property violation of any products. CGriver disclaims any responsibility for any legal penalty for intellectual property related penalties. The vendor who supplies the products will be responsible for any penalty from any country's Government and its laws. All vendors must comply with these rules and regulations before publishing any products on CGriver.com. If any product on CGriver violates any company or entity's intellectual property, the rights holders must contact CGriver to remove them. CGriver can be reached via email, firstname.lastname@example.org. All right holders are required to provide the proof of ownership at the point of contacting CGriver.
10. Use of Vendors' Trademarks and Logos. CGriver holds the right to use the trademarks of any vendors solely for the purpose of representing/promoting their items. This agreement applies to any vendors whose products are published on CGriver.com. If vendors have any other specific regulations for using their tradmarks and logos, they must provide a written agreement stating the instructions of using their trademarks and logos.
11. Changes. CGriver reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes CGriver. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Termination. CGriver may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CGriver account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by CGriver if you materially breach this Agreement and fail to cure such breach within thirty (30) days from CGriver’s notice to you thereof; provided that, CGriver can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Account Cancellation. Your account will remain on the website unless you notify CGriver to remove it. We will use reasonable efforts to remove your account from the Website, but you acknowledge that it may not be removed immediately due to high volume of other priority service requests.
14. Disclaimer of Warranties. The Website is provided “as is”. CGriver and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CGriver nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability. In no event will CGriver, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CGriver under this agreement during the twelve (12) month period prior to the cause of action. CGriver shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. Indemnification. You agree to indemnify and hold harmless CGriver, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
18. Miscellaneous. This Agreement constitutes the entire agreement between CGriver and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CGriver, or by the posting by CGriver of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CGriver may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.